Section 504 of the Rehabilitation Act of 1973 and its implementing regulations prohibit discrimination on the basis of disability by any program that receives federal funding. It requires that students with disabilities be provided with a free and appropriate public education, regardless of the nature or severity of the disability, including being educated with non-disabled peers to the maximum extent appropriate. Failure to meet the legal obligations of Section 504 can result in the violation of students civil rights and is cause for personal and District liability.
Definitions - A person has a disability within the meaning of Section 504 if he or she has a mental or physical impairment, has a record of such impairment, or is regarded as having such an impairment, which substantially limits one or more major life activities. An impairment that is episodic in nature or in remission falls under this definition if it would substantially limit a major life activity when active. The determination that an impairment substantially limits a major life activity must be made without regard to mitigating measures (for example medication), with the exception of ordinary eyeglasses or contact lenses.
1. Mental impairment- Any mental or psychological disorders, such as anxiety, depression, post traumatic stress disorder, etc.
2. Physical impairment- A physiological disorder or condition, cosmetic disfiguration, or anatomical loss effective on or more of the following body systems: neurological, reproductive, hemic and lymphatic, musculoskeletal, digestive, endocrine, respiratory, cardiovascular, sense organs, and endocrine, etc.
3. Major life activity- Include but are not limited to functions: such as caring for one’s self, performing manual tasks, seeing, hearing, eating, sleeping, walking, speaking, reading, communicating and the operation or major bodily functions: such as functions of the immune system, digestive, bladder, brain, and respiratory.
Section 504 Overview of Expectation and Responsibilities
Section 504 - Notice of Parent/Student Rights